Help!!! The bailiff has broken into my back garden

[reallyhardup]

I forgot to remind you that I've paid the council tax bill in full (£350) but NOT the bailiffs fees which you will recall are exhorbitant (just short of £850) - what if the police come round and start telling me to let the bailiffs in - can this happen - God I'm so frightened

[hallowitch]

I take it its to do with your council tax

 

no he cant break in he cant get the police to help him enter your property and if your gate was locked he should not have broken it to gain access to your garden

[reallyhardup]

yes, its council tax - he's jut put a leter through my door "NOtie of Bailiffs attendance" saying "if you do contct me to make arrangements t pay the amount of £866.19 I shall return with the intention to remove goods. This will incur subsgtantial further costs as the law directs and removal may take place even in your absence" - JESUS! this must mean he CAN break into my house -

 

hallowwitch - yes its council tax - I've jsut had a look and the bailiff has busted both locks!!!

[king100]

OK he can only break into our house if you have let him in. As it sounds that you have never let him then he cannot. He can however gain access, through open doors or windows.

 

I repeat if he has never been into your house he cannot gain access.

[newstarter]

No he cannot break into your home,what you have had pushed through your letterbox is the bog standard threat notice that they all use to try and scare the living daylights out of you.A bailiff cannot use the liability order to collect his fees,also before breaking into your home he would have had to have got the councils permission plus a court order and a letter sent to your address stating the date and time he would be arriving,all your getting at the moment is the final throes of scare tactics and intimidation before he eventually backs off.

[newstarter]

Stay strong and do not hand over 1 penny,not one penny.

[hallowitch]

phone the police and tell them that someone has broken into your garden tell them he may be a bailiff but he has no legal right to break into your garden insist they attend your property

get on the phone to your council and tell them that you have already complained about this but there response was not satisfactory and the situation has now got out of hand

 

tell them that regulation 45 schedule 5 of the council tax administration and enforcement regulations do not allow for fees of £866.19 on a debt of £350 tell them you are fully aware that they (council) are 100% responsible for all bailiff action ask them what they are going to do about it

 

put it in an e-mail also address to the leader of your council

[newstarter]

One of my earlier posts was edited by a member of the site team as i was deemed to be inciting criminal damage when i advised you to remove the clamp,however just to be clear i didnt mean damage it i just meant remove it which you did.The problem i found when dealing with bailiffs is that while they are on your case there is no reasoning with them,you cannot sit down with bailiffs and work out payment plans,affordability and so on,your just faced with unrealistic demands for money (in many cases with only slightly vailed threats)

which you could never possibly afford and if you have never experienced encounters with these thugs as you are doing now you cannot make comments about ethics when your not dealing with ethical people,but of course you wouldnt understand this untill you were put in the situation you yourself are in at the moment.Make no mistake these people will rob you blind if you let them,my god i have had some problems weith these people and i have never budged,never gave them a penny and never paid their charges.

[ploddertom]

You have to remember a Bailiff has the right to climb over a boundary wall or fence providing he causes no damage.

 

PT

[ploddertom]

If you owe solely for fees alone he cannot use the Liability Order for enforcement but instead must take you to the Small Claims Court. You must ensure with the Council there is zero outstanding on your account.

 

PT

[MARTIN3030]

For reference here is the original thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291540-Feeling-Suicidal

 

 

Can you keep us updated-have you called the Council yet ?

[reallyhardup]

Hello Newstarter - I understood everything you said in yur earlier advice and I did indeed remove the clamp without causing any damage whatsoever to the clamp - I would never do anything criminal in any event - I did place it by the fence and photographed it twice - I have of course hidden the car and hope to God they don't find it - they are now gone - they've taken the clamp with them.

 

I will now write AGAIN to Waverley Council as stated by hallowitch and thanks for the legal bit which I so will throw at them -

 

You all are so good at getting back to me so very quickly - thanks

[MARTIN3030]

Here is the unapproved post with the identifiers removed.

 

 

I've just had a reply to my email to *********** - they obviously copied it over to the council because my reply from the officer of the council.. They say this

 

"I note that you have made arrangements to pay Council £251.69. This is not accepted as full and final settlement of the debt owing to the Council as it does not satisfy the amounts due in law from you. In accordance with The Council Tax (Administration and Enforcement) Regulations 1992 the payment, when received, will be credited to the costs and charges first. Assuming your payment of £251.69 is received the balance of £103.00 will remain unpaid, in addition to the bailiff's fees.

 

The bailiff's fees have been incurred as a consequence of your not paying the council tax owing to Council and I explained in my letter dated 15 December the actions taken by Council prior to the bailiff attending. If you wish to challenge the level of the bailiff's fees you may apply to have them taxed by the county court.

 

In the meantime I expect the bailiff to continue to enforce the liability order dated 22 July 2010. I urge you to settle the debt in full with the bailiff immediately in order to prevent the bailiff's fees increasing further.

 

Yours sincerely

 

XXXXXXXXXX

Principal Revenues Officer"

 

The bailiffs fees are nearly £700 now!. As I have not paid the £250 but I am ABOUT to pay (i.e. tomorrow when my tax credits come) does this make a difference? Also, I have said in my email to XXXXXXXXXX that if we can't resolve this issue, I will be making my own Application to the Court for a judge to decide on what is reasonable. I don't know if this is possible but I thought I'd try anyway. Can anyone advise me please.

[hallowitch]

exactly how much was the liability order

what date did the bailiff levy your car

was this the bailiffs first visit

when did you pay the council and did you pay in full the amount outstanding against the liability order

[hallowitch]

this is a copy of regulation 45 schedule 5 charges connected with distress this applies to all councils

 

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

[reallyhardup]

Here is the email I have just sent to Waverley and underneath is the email they sent me previously

 

Dear Mr Piper

 

Your bailiff contiues to come to the property pursuing the amount of £866.19 even though the council tax of £251.69 has been paid. They are obviously acting on your instruction and as you will know that under Regulation 45 Schedule 5 of the Council Tax Administration and Enforcement Regulations do not allow for fees of this amount. You are fully responsible for the bailiff's actions. You will be aware that he cannot use a Liability Order to pursue me for costs and it is he who must make an application through the small claims court for these fees.

 

His letter sent previously

Thank you for your letter dated 24 January received today in reply to my letter dated 15 December 2010.

 

I note that you have made arrangements to pay Waverley £251.69. This is not accepted as full and final settlement of the debt owing to the Council as it does not satisfy the amounts due in law from you. In accordance with The Council Tax (Administration and Enforcement) Regulations 1992 the payment, when received, will be credited to the costs and charges first. Assuming your payment of £251.69 is received the balance of £103.00 will remain unpaid, in addition to the bailiff's fees.

 

The bailiff's fees have been incurred as a consequence of your not paying the council tax owing to Waverley and I explained in my letter dated 15 December the actions taken by Waverley prior to the bailiff attending. If you wish to challenge the level of the bailiff's fees you may apply to have them taxed by the county court.

 

In the meantime I expect the bailiff to continue to enforce the liability order dated 22 July 2010. I urge you to settle the debt in full with the bailiff immediately in order to prevent the bailiff's fees increasing further.

 

Yours sincerely

 

Simon Piper

Principal Revenues Officer

 

Direct line: 01483 523104

We are passionate about improving lives, leisure, environment, value for money and subsidised affordable housing.

[newstarter]

O.K thats seen off the bailiff,the clamp is ok and no damage done,now regarding these fees,they are totally unecceptable and under no circumstances should you pay what they are asking.They would have to go back court for an order to collect their fees,and beleive me they hardly ever do that because quite simply they could not justify most of them.You don,t need to break the law you can fight these people off effectively without doing that,i would never advise making a bad situation even worse but i have had a number of experiences with bailiffs,i know all their tricks and threats and i have never,ever paid their charges.Fortunately now im clear of debt i dont come into contact with them but i can assure you they weould not be getting that 830 under any circumstances.

[reallyhardup]

This is the first time in my life I have ever felt like I'm with people of like mind which you guys are. I am passionate about helping vulnerable people and I've just got the post through to tell me that I've been accepted on the GDL at the college of law how the hell I'll fund it I don't know but I am going to make sure that everyone I come into contact with including those down the CAB knows that this site exists. It is the best site ever.

 

I, too, now fancy adrink!

[reallyhardup]

I'll post the reply from teh council when I get it

[royalscot]

sorry

[royalscot]

You have to remember a Bailiff has the right to climb over a boundary wall or fence providing he causes no damage.

 

PT

 

Clearly he has caused Damage ....He never went over the gate he went through it !!! Can he be sued for the damage ?

 

rs

[newstarter]

congrats on your news well done ! now dont let that thug ruin your day,remember not 1 penny

[reallyhardup]

OH NO!!!! the bailiff found my car - i saw the two truck going towards it - i obviuosly didn't hide it well enough - i suppose that'll be the end of the story now! I'll have to cancel everything now - is there nothing I can do?

[sillygirl1]

I've asked the site team to get Tomtubby, the bailiff expert onto here asap. I can't help other than that.

[reallyhardup]

the bailiffs are sitting outside my house now. They've put another letter through my letter box saying "REMOVAL" pursuant to the above order (doesn't look like an order to me) the item listed below have today been seized and will be sold by Public Auction without resere unless full payment including all costs are paid into our office by 7th February 2011."

 

Would they have broken into the car? because it also says "no keys or log book and 1 tax disc" - also it says "all goods subject to wear and tear".

 

I don't suppose I will get my car back now will I?